March 1, 2012 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Re: Request for Exemption, Revision 1

Petitioner:

Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines 

by its President/CEO, Mr. Omer ErSelcuk 

Petitioner’s Contact Information:

1210 Watergut 

Christiansted, VI 00820 

(340) 773-5991 extension 23 

oerselcuk@seaborneairlines.com 

On January 26, 2012, Seaborne Airlines submitted a request (FR Docket ID# FAA-2012-0098) 

for a temporary extension to the compliance date for three (3) of its aircraft to certain provisions 

of 14 CFR 121.359. At the request of the FAA, Seaborne Airline is submitting this letter to 

provide additional information in support of its request for temporary exemption relief. 

Background:

Seaborne Virgin Islands, Inc., doing business as Seaborne Airlines holds Air Carrier Certificate 

Number: S9BA675J and has operations specifications authorizing it to conduct domestic, flag 

and supplemental operations in the islands of the Caribbean. Seaborne Airlines primarily 

provides scheduled passenger service to Puerto Rico, Vieques Island and the Virgin Islands 

using 19-passenger DeHavilland DHC-6-300 wheel planes. A portion of Seaborne Airlines’ 

route structure involves providing scheduled passenger operations using the FLOAT plane 

configuration of the DHC-6 between St. Thomas, VI (SPB) Charlotte Amalie Harbor and St 

Croix, VI (SBB) Christiansted Harbor. 

After April 7,2012, 14 CFR Part 121359(i), Cockpit Voice Recorders, requires Seaborne Airlines 

to install upgraded Cockpit Voice Recorders in their aircraft that in part, meets the standards of 

TSO-C123a, or later revision. The most notable enhancement is the increase of recording 

retention time from 30 minutes to 2 hours. 

Relief Sought from Regulatory Sections:

Compliance Date: 14CFR Part 121359(i), Cockpit Voice Recorder, for three aircraft for a 

specific period of time. 

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Nature and Extent of the Requested Relief

Seaborne Airline is requesting an extension to the compliance date for upgraded Cockpit 

Voice Recorder required by 14 CFR Part 121.359(i) for three (3) specific aircraft and for a 

specified time period as described in the Analysis section of this request. 

Analysis

Although Seaborne Airlines has equipped its own aircraft with the upgraded CVR, the airline 

also operates three leased aircraft that do not have the upgraded CVR installed. The leases on 

these aircraft will expire as indicated below which presents a unique and potentially expensive 

issue for Seaborne Airlines. The DHC-6 Turbopropeller aircraft operated under Part 121 

requires the upgraded Cockpit Voice Recorder;1

 however this same aircraft can be operated 

under Part 135 without the upgraded Cockpit Voice Recorder.2

 As a result the lessor (aircraft 

owner) has little interest in participating in the cost of installing the upgraded CVR. 

In the absence of a temporary operating exemption for these three aircraft, Seaborne Airlines is 

faced with making a substantial financial investment with no assurance that the leases will be 

renewed. Seaborne Airlines has determined that the purchase cost for each CVR unit will be 

20,000 dollars and the labor cost is estimated at 3200 dollars per installation. The aircraft will 

be out of service for 4 days and requires a permanent modification to the cockpit instrument 

panel. 

It is important to understand that Seaborne Airlines is prepared to immediately comply with this 

required upgrade for its fleet but is concerned about making a 23,200 dollar per installation 

capital improvement to these leased aircraft with no assurance that the aircraft will be available 

after the end of the lease period. Although the final rule (FR FAA-2005-20245) rejected 

commenter requests for extending the CVR compliance date, the FAA did recognize the 

possible need for a temporary operating exemption for an individual airplane. The FAA’s 

exemption database indicates that the FAA has granted temporary operating exemptions from 

similar provisions of Part 121.359 to the following three (3) airlines; Federal Express, exemption 

#10352; Hawaiian Airlines, exemption #10304; and Ryan International, exemption #10394. 

Therefore, Seaborne Airlines is requesting a temporary operating exemption for the airplanes 

indicated: 

1. DeHavilland DHC-6; N251SA; S/N 524; exemption relief until 12/15/2012 

2. DeHavilland DHC-6; N288SA; S/N 389; exemption relief until 10/15/2012 

3. DeHavilland DHC-6; N562CP; S/N 562; exemption relief until 10/05/2013 

Equivalent Level of Safety

The primary enhancement to the upgraded CVR is the increase of recording retention time from 

30 minutes to 2 hours. Since Seaborne Airlines normally operates at or below 5000 feet and 

the longest flight is 47 minutes, the loss of critical cockpit voice data is very remote. 

 

1

 § 121.359 Cockpit voice recorders. (i) By April 7, 2012, all turbine engine-powered airplanes subject to 

this section that are manufactured before April 7, 2010, must have a cockpit voice recorder installed that 

also-- (1) Meets the requirements of § 23.1457(d)(6) or § 25.1457(d)(6) of this chapter, as applicable; 

(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of 

TSO-C123a, or later revision; and 

(3) Is operated continuously from the use of the checklist before the flight to completion of the final 

checklist at the end of the flight. 

2

 § 135.151 Cockpit voice recorders. 

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In evaluating this request for exemption, please consider the following regarding the 

DeHavilland DHC-6 aircraft and the Seaborne Airlines operations: 

DeHavilland DHC-6 Aircraft 

• The DHC-6 is a non-transport category aircraft built under CAR-3 (now FAR Part 23) 

powered by two Turbo-propeller engines (not turbojet). 

• The aircraft is unpressurized and uses simple mechanical control systems and traditional 

analog instrumentation. 

• Since the aircraft is unpressurized, it is used for short flights and as a result the most 

practical operational altitude is 3000 to 4000 feet AGL and below. 

• The DHC-6 was designed for extremely short flight legs. Flight legs of less that one hour 

are desirable but the aircraft is most profitable when used in markets with flight legs of 

forty five (45) minutes or less. 

• It is configured for 19 or less passenger seats. Seaborne Airlines limits the seating 

configuration to 17 for the wheel plane and 15 for the float plane. 

• With 19 seats or less the DHC-6 does not use a flight attendant. As a result, there is no 

cabin crew to cockpit crew communication issues. 

• The three (3) DHC-6 aircraft covered by this exemption request are leased and will soon 

be returned to the owners. The CVR installation cost to Seaborne Airlines is substantial. 

Since this CVR upgrade is solely a Part 121 requirement for this type aircraft, the aircraft 

owners have no interest in the sharing the cost of the upgrade. As a result the entire 

cost will be borne by Seaborne Airlines with no benefit to the airline. 

Seaborne Airlines Operations: 

• Seaborne Airlines is the only Part 121 Air Carrier using DHC-6 aircraft and provides 

critical low-cost fare air travel in the San Juan – Virgin Islands market. 

• Seaborne Operational Control Center uses licensed dispatchers to constantly track each 

Seaborne flight. 

• Except for Vieques Island, Air Traffic Control Tower services are available at all 

Seaborne Airlines wheel plane destinations. In addition, Approach Control (including 

radar monitoring) services are available throughout Seaborne’s market area. 

• All of Seaborne’s scheduled flights are less than 47 minutes and 80% of these flights are 

less than 20 minutes. As a result, the currently installed 30-minute CVR is capable of 

recording the entire flight for 80% of Seaborne’s flights. 

Since the CVR’s singular use is as a post incident investigation tool, the presence of a CVR in 

the aircraft does not in any way reduce the operational safety capabilities of a particular flight. 

As a result, granting of a temporary operating exemption for these aircraft will not reduce the 

current level of safety. 

If exemption relief is granted, Seaborne Airlines will restrict the flight time of any single 

scheduled leg to no more that one hour. 

Benefit to the Public Interest

Seaborne's operation between the US Virgin Islands of St. Thomas and St. Croix is one of 

extreme importance economically as well as politically. Without our frequent and convenient 

flights operating safely under Part 121 - many aspects of this strategically vital part of the United 

States would grind to a halt. The following points demonstrate the benefit to the public Interest: 

• Currently, Seaborne Airlines carries approximately 85% of the local passenger traffic 

between St. Croix, VI and St. Thomas, VI. 

• Seaborne Airlines is a contract air carrier for the Government of the Virgin Islands. VI 

Government regulations require employees to only travel on Part 121 air carriers. 

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• Seaborne is the only Part 121 air carrier to provide direct service between St. Thomas 

and St. Croix and to Vieques Island, PR. 

• Seaborne Airlines provides the only air service between Charlotte Amalie, St. Thomas, 

VI and Christiansted, St Croix, VI. 

• Since health care and medical facilities in the Virgin Islands and Vieques Island are 

limited, many families rely on Seaborne’s frequent, low-cost service to Puerto Rico for 

access to hospitals, medical specialists, and medical laboratories. 

• Since Seaborne’s flights consist solely of island destinations, public transportation or 

auto travel is not an option for travelers. 

If Seaborne Airlines is not able to control its cost while providing its services under Part 121 

rules, the airline will be forced to conduct operations in accordance with regulatory requirements 

with lesser safety standards and many of our passengers would then be forced to fly on "9 or 

less" piston powered aircraft or worse, single pilot/single engine aircraft over open water to the 

ports we currently serve. The continued operation of Seaborne Airlines is a matter of grave 

importance to air commerce in San Juan, Vieques Island and the Virgin Islands. 

We are convinced that it would be an unintended consequence of this rulemaking to force 

passengers to fly on Part 135 "9 or less" piston powered aircraft or worse, single pilot/single 

engine aircraft. Based on the aforementioned, we believe that granting this exemption will allow 

Seaborne Airlines to continue to provide low-cost, essential air service and therefore is in the 

public interest. 

Summary for Publication in the Federal Register

Seaborne Virgin Islands, Inc., doing business as Seaborne Airlines holds Air Carrier Certificate 

Number: S9BA675J and has operations specifications authorizing it to conduct domestic, flag 

and supplemental operations in the islands of the Caribbean. Seaborne Airlines primarily 

provides scheduled passenger service to Puerto Rico and the Virgin Islands using DeHavilland 

DHC-6-300 wheel planes. A portion of Seaborne Airlines’ route structure involves providing 

scheduled passenger operations using the FLOAT plane configuration of the DHC-6 between 

St. Thomas, VI (SPB) Charlotte Amalie Harbor and St Croix, VI (SBB) Christiansted Harbor. 

After April 7,2012, 14 CFR Part 121359(i), Cockpit Voice Recorders, requires Seaborne Airlines 

to install upgraded Cockpit Voice Recorders in their aircraft that in part, meets the standards of 

TSO-C123a, or later revision. 

Seaborne Airlines seeks exemption relief to postpone installation of the upgraded Cockpit Voice 

Recorder in certain leased aircraft until it can be determined that the airline is able to lease 

these aircraft on a more permanent basis. 

In order to maintain an equivalent level of safety, Seaborne Airlines will accept a limitation of a 

maximum flight time for any single leg to one hour or less. 

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